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'...This is the one are where if there is no recovery, you are not entitled to be paid, which does not apply in any other area of law...'

Um, what about personal injury and clinical negligence? Pretty much everything there is on a CFA so if you don't recover anything you don't get paid. If you do something you barely get paid anyway. And sometimes you "win" but damages are not paid and so you do not get paid anyway.

I can understand the risk of non-recoverability but that's the way it goes. Thank your lucky stars you don't have fixed fees. Yet.